EQUAL EMPLOYMENT OPPORTUNITYENFORCEMENT PROCEDURES

HEARINGSBEFORE THE

GENERAL SUBCOMMITTEE ON LABOROF THE

COMMITTEE ON EDUCATION AND- LABORHOUSE OF REPRESENTATIVES

NINETY-SECOND CONGRESSFIRST SESSION

ON

H.R. 1746A BILL TO FURTHER PROMOTE: EQUAL EMPLOYMENT

OPPORTUNITIES FOR AMERICAN WORKERS

HEARINGS HELD IN WASHINGTON, D.C.MARCH 3, 4, AND 18, 1971

Printed for the use of the Committee on Education and LaborCARL D. PERKINS, Chairman

U.S. GOVERNMENT PRINTING OFFICE69-949 o WASHINGTON : 1971

COMMITTEE ON EDUCATION AND LABORCARL D. PERKINS, Kentucky, Ohairman

EDITH GREEN, OregonFRANK THOMPSON, JR., New JerseyJOHN H. DENT, PennsylvaniaROMAN C. PUCINSKI, IllinoisDOMINICK V. DANIELS, New JerseyJOHN BRADEMAS, IndianaJAMES G. Q'HARA, MichiganAUGUSTUS F. HAWKINS, CaliforniaWILLIAM D. FORD, MichiganPATSY T. MINK, HawaiiJAMES H. SCHEUER, New YorkLLOYD MEEDS, WashingtonPHILLIP BURTON, alifornlaJOSEPH M. GAYDOS, PennsylvaniaWILLIAM1 "BILL" CLAY, MissouriSHIRLEY CHISHOLM, New YorkMARIO BIAGGI, New YorkELLA T. GRAjSSO, ConnecticutLOUISE DAY HICKS, MassachusettsROMANO L. MAZZOLI, KentuckyHERMAN BADILLO, New York

ALBERT H. QUIET, MinnesotaJOHN M. ASHBROOK, OhioALPHONZO BELL, CaliforniaOGDEN R. REID, New YorkJOHN N. ERLENBORN, IllinoisJOHN DELLENBACK, OregonMARVIN b. ESCH, MichiganEDWIN D. ESHLEMAN, PennsylvaniaWILLIAM A. STEIGER, WisconsinEARL F. LANDGREBE, IndianaORVAL HANSEN, IdahoEARL B. RUTH, North CarolinaEDWIN B. FORSYTHE, New JerseyVICTOR V. VEYSEY, CaliforniaJACK F. KEMP, New YorkPETER A. PEYSER, New York

GENERAL SUBCOMMrI'EE ON LABOR

JOHN H. DENT, Pennsylvania, OhafrmnAUGUSTUS F. HAWKINS, CaliforniaPATSY T. MINK, HawaiiPHILLIP BURTON, CaliforniaWILLIAM "BILL" CLAY, MissouriJOSEPH M. GAYDOS, PennsylvaiaWILLIAM D. FORD, MichiganMARIO BIAGGI, New YorkROMANO L. MAZZOLI, KentuckyROMAN C. PUCINSKI, IllinoisJOHN BRADEMAS, Indiana

JOHN N. ERLENBORN, IllinoisALPHONZO BELL, CaliforniaMARVIN L. ESCH, MichiganEARL F. LANDOREBE, IndianaORVAL HANSEN, IdahoWILLIAM A. STEIGER, WisconsinJACK F. KEMP, New York

CONTENTS

Hearings held in Washington, D.C.: Page.March 3, 1971 ----------------------------------------------- 1March 4, 1971 -------------------------------------------- 103March 18, 1971 ------------------------------------------- 289

Text of H.R. 1746 ----------------------------------------------Statement of-

Abzug, Hon. Bella S., a Representative in Congress from the State ofNew York ------------------------------------------------- 289

Anderson, Warren, The Black Committee, Maywood, Ill.; also RuthR. Nordenbrook ----------------------------------------- 390

Brown, William H. III, Chairman, The Equal Employment Oppor-tunity Commission ----------------------------------------- 79

Chisholm, Hon. Shirley, a Representative in Congress from the Stateof New York ------------------------------------------- 302

Glickstein, Howard A., Staff Director, U.S. Commission on CivilRights; also John H. Powell, Jr., and Jonathan W. Fleming ------- 103

Harris, Thomas, associate general counsel, AFL-CIO; accompaniedby Don Slaiman, director, Civil Rights Department ------------- 176

Kator, Irving, Assistant Executive Director, Civil Service Commis-sion: also James Frazier----------------------------------- 308

Mitchell, Clarence, director, Washington Bureau, NAACP, on behalfof the Leadership Conference on Civil Rights ------------------- 153

Norman, Hon. David L., Deputy Assistant Attorney General, CivilRights Division Department of Justice; also Hon. David L. Roseand Hon. David B. Marblestone ----------------------------- 32

Nystrom, Robert, representing Motorola, Inc -------------------- 421Shriver, Mrs. Lucille, federation director, National Federation of

Business and Professional Women also William Scott, legal counsel. 293Silberman, Hon. Laurence H., Under Secretary of Labor; also John

Wilks, Director of Federal Contract Compliance; and ArthurFletcher, Assistant Secretary of Labor ------------------------ 53

White, Donald F., executive vice president, American Retail Federa-tion; also Gerard C. Smetana, Sears & Roebuck ----------------- 269

Prepared statements, letters, supplemental material, and so forth:American Federation of State, County, and Municipal Employees,

AFL-CIO statement by ------------------------------------ 463Anderson, Warren, director, The Black Committee Maywood, Ill.:

"Black Employees Expose White Racism at Hines Hospital," acompilation entitled ------------------------------------- 392

Glickstein, Howard A., Staff Director, U.S. Commission on CivilRights letter to Nicholas J. Oganovic, Executive Director,Civil Service Commission ------------------------------- 419

Kator, Irving, Assistant Executive Director, U.S. Civil ServiceCommission, letter to Howard A. Glickstein, Staff Director,U.S. Commission on Civil Rights, dated October 23 1970 419

Mitchell, Clarence, director, Washington Bureau, National Asso-clation for the Advancement of Colored People, letter, withattachments, to Hon. Augustus Hawkins, dated April 15, 1971.. 387

Oganovic, Nicholas J., Executive Director, Civil Service Com-mission, letter to Howard A. Glickstein, dated November 17,1970 -------------------------------------------------- 419

Bain, Mrs. Helen P., president, National Education Association,statement of ----------------------------------------------- 466

Brody, David A., director, Anti-Defamation League of B'nai Brith,letter to chairman dated March 22, 1971 ---------------------- 467

(111)

Prepared statements, letters, supplemental material. etc.-ContinuedBrown, Hon. William H., III, Chairman, Equal Employment Oppor- Page

tunity Commission, prepared statement by --------------------- 79Dunn, William E., executive director, the Associated General Con-

tractors of America:Appendix to statement ---------------------------------- 435Letter to Chairman Dent, dated April 1, 1971, enclosing state-

ment -------------------------------------------------- 433Eastman, Hope, acting director, American Civil Liberties Union,

letter to Chairman Dent, dated March 22, 1971, enclosing state-ment ------------------------------------------------------ 470

Erlenborn, lion. John N., a Representative in Congress from theState of Illinois:

EEOC releases 1969 data on minority union membership, pressrelease -------------------------------------------- 188

Total and minority membership in referral unions in the UnitedStates, by trade or creft, 1969 (table) --------------------- 190

Glickstein, Howard A., StaqT Director, U.S. Commission on CivilRights, letter to Chairman Dent, dated March 16, 1971, enclosingadditional material --------------------------------------- 130

Harris, Thomas E., associate general counsel, American Federationof Labor and Congress of Industrial Organizations:

Nondiscrimination- equal employment opportunity; policies andprocedures, regulation in Federal Register ------------------ 186

Statement of ----------------------------------------- 176Hawkins, Hon. Augustus F., a Representative in Congress from the

State of California:Letter from Irving Kantor, Director, Federal Equal Employment

Opportunity, dated May 12, 1970, submitting certain infor-mation about minority and women employment in the FederalGovernment at certain pay levels------------------------ 159

Letter from W. P. Mack, vice admiral, U.S. Navy, dated April11, 1969 ------------------------------------------- 175

Howe, Florence, chairwoman, Commission on the Status of Women,Modern Language Association of America, letter to Chairman Dent,dated April 4, 1971, enclosing statement ---------------------- 485

Justice, C. R., Allison Park, Pa., letter to Chairman Dent, dated May10, 1971 ----------------------------------------------- 521

Kator, Irving, Assistant Executive Director, U.S. Civil ServiceCommission:

Material submitted for the record -------------------------- 372Minority employment in the Federal Government, news release- 323

MacDougall, William R., Executive Director, Commission on Inter-governmental Relations, letter to Chairman Dent, dated April 30,1971 520

National Association of Manufacturers, statement of the ----------- 479National Council of Jewish Women, Now York, N.Y., statement by- 462National Jewish Commission on Law and Public Affairs, statement by- 461Norman, lion. David L., Deputy Assistant Attorney General, Civil

Rights Division, Department of Justice:Hoffman, Herbert E., chief, Legislative and Legal Section, De-

partment of Justice, letter to Chairman Dent, dated March 18,1971 -------------------------------------------------- 48

Prepared statement of_ 32Nystrom, Robert, representing Motorola, Inc., letter from Phil S.

Shurrager enclosing amendment ----------------------------- 432Obadal, Anthony J., labor relations counsel, Chamber of Commerce

of the United States, statement for the Chamber of Commerce ofthe United States ------------------------------------------ 472

Scott, Dr. Ann, Federal compliance coordinator, National Organizationfor Women:

Boyer, Mrs. Burt, chairman, Commission on Status of Women,letter to Elizabeth Duncan Koontz ----------------------- 506

"Feminism vs. the Feds," article entitled -------------------- 507Hernandez, Aileen, president of NOW, quotation from letter --- 519Letter to Chairman Dent, dated March 30, 1971 -------------- 501

Silberman, Hon. Laurence H1., Undersecretary of Labor, list of showcause letters issued --------------------------------------- 75

Prepared statements, letters, supplemental material. etc.-ContinuedSlaiman, Don, director, Department of Civil Rights, AFL-CIO* Page

"Black Ratio Lags in Job-Placing Unions," an article entitle.L 206"Civil Rights," a pamphlet entitled ------------------------- 235"Labor and the Philadelphia Plan," a pamphlet entitled -------- 262Letter to Hon. Augustus Hawkins, dated March 24, 1971 ------ 204Lyons, J. H., general president, International Association of

Bridge, Structural and Ornamental Iron Workers:Telegram to lion. George P. Shultz --------------------- 254Letter from Hon. George P. Shultz, dated October 15, 1969- - 255

"Minorities Make Up More Than One-Fifth of Workers Employ-ed in Philadelphia Plan Projects, Hodgson Reports," an articleentitled -------------------------------------------- 255

Order to Heads of all Agencies, dated September 23, 1969 ------ 245"Outreach: Skills for Minority Youth," a pamphlet entitled..-.- 230"Philadelphia Plan Called A Failure," a newspaper article

entitled -------------------------------------------- 256Report of Civil Rights Department to the Executive Council:

February 19, 1971 ------------------------------------ 241February 23, 1971 ---------------------------------- 242

"Report on the Journeyman Training Feasibility Study of theJoint Apprenticeship Program," an article entitled ---------- 208

"Statement of Policy of the Building and Construction TradesDepartment (AFL-CIO) on Equal Employment Opportunity,"a pamphlet entitled ---------------------------------- 258

Summary report on apprenticeship Outreach programs, Decem-ber 1970 ----------------------------------------------- 215

Smetana, Gerard C., counsel, Labor Relations, Sears, Roebuck & Co.:A bill to further promote equal employment opportunities for

American workers -------------------------------------- 277"Analysis of Proposed Amendments," an article -ntitled -------- 280

The League of Women Voters of the United States, statement of .. - 468White, Donald F., executive vice president, statement on behalf of

the American Retail Federation -------------------------- 269Wilks, John L., Director, Office of Federal Contract Compliance,

US.. Department of Labor:Letter to Chairman Dent ---------------------------------- 519Letter to Chairman Dent, dated March 26, 1971 -------------- 78

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Mrs. S1iiIv.R. 'We may have a few in our organization.Mr. DENT. Is that a personal interest there?Mr. Mazzoli?Mr. MALZZOLI. No questions.Mr. DENT. Thank you very kindly, Mrs. Shriver, for your very finepresentation.At this time I see our colleague has come into the room and we are

happy to have her as the next witness, the representative from theState of New York, Mrs. Shirley Chisholm.

Mrs. Chisholm, will you take Dhe witness stand?

STATEMENT OF HON. SHIRLEY CHISHOLM, A REPRESENTATIVEIN CONGRESS FROM THE STATE OF NEW YORK

Mrs. Ciisnoirf. Gentlemen, I am very glad to have this opportunityto make this presentation this morning. I think it is one of the mostvital issues concerning many people in this country today, includingmen, women, and minorities.

I am a cosponsor of 11.1?. 1746, as was last year's bill, H.R. 17555which, unfortunately, died in the Rules CommitLee.

We all know that the price of EEOC's being included in the 1964Civil Rights Act was that the agewily would not be accorded enforce-inent powers, quid pro quo. Able and dedicated people have worked atEEOC under both Democratic and Republican administrations, butwithout enforcement powers the Equal Employment OpportunityCommiIision has been a paper tiger. As Chairiman Brown has re-marked:

A respondent determined to mnlntain the status quo need only resist exhor-tations to change his ways and take refuge %i the knowledge that eventually theCommission must withdraw. In most cases, the possibility of a pattern or prac-tice suit being brought by the Attorney General may be discounted for the simplereason that the Justice Department must be very selective In expending itsresources. All that an intransigent respondent has to fear is the unlikely pos-sibility that whomever he has discriminated against wil take him to court.This has happened In less than 10 percent of the cases where we forward reason-able cause and attempts at concilliation were unsuccessful.

In funding year 1970, the EEOC processed 14,234 complaints andsuccessfully conoiliated only 342 cases during the same period. Thisquite dramatically illustrates the failure of the voluntary complianceremedy when it is not backed up by stronger authority.

EEOC must have cease-and-desist powers. Just having them willcreate a better mood of voluntary compliance and, of course, will pro-vide an additional remedy in instances of intransigence.

The expansion of EEOC's jurisdiction to include Federal, State,county, and municipal employees is important and necessary. Thereare over 9.5 million persons employed in 81,000 State and local gov-ernmental units.

Although the Federal Government has a better record of equalopportunity than the private sector, it only looks good by comparison.Blacks account for only 1.8 percent of Federal employees at a GS-12level or above. 20.5 percent are concentrated in the four lowest grades.

In the beloved Ntional Aeronautics and Space Administration, only2.9 percent of the employees are black, including 0.8 percent of its em-ployees at the GS-12 level or above. So much for the trickle-down

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theory. The only jobs created by the Space Agency for blacks are themaid and janitorial jobs in the hotels and motels in Cape Kennedy andHouston.

In State and local government units, the situation is much worse.In the U.S. Civil Rights Commission Report "For All People * * * ByAll the People," they reported that in seven urban areas locatedthroughout the country-north as well as south-discrimination inpublic employment was serious and pervasive. In six of the seven areasstudied, blacks constituted over 70 percent of the common laborers.

The extension of authority to employers and unions with eight ormore members is another important refinement. Discrimination is notconfined to big companies. This amendment will extend coverage to91/.2 million more workers.

The amendment to eliminate the existing exemptions for teachersin educational institutions is especially important to women. Repre-sentative Edith Green, in her excellent series of hearings last year ondiscrimination against women, carefuly documented the impact thisexemption of teachers has had on women as individuals and in theeducation field.

I would like to add at this time that despite the fact that 23 percentof the charges received at EEOC have involved sex discrimination,EEOC, like the OFCC, the Justice Department and the civil rightssection of HEW, have been less than aggressive in pursuing sex dis-crimination cases. The conventional wisdom seems to be that racialdiscrimination is more important than sex discrimination. I thinkthese agencies shmil(l note that one-half of every minority group ismade up of women and that women compose slightly more than halfof our total population. Discrimination in the marketplace has terri-ble consequences. Women work not because they want to but becausethey have to work. They are cobreadwinners with their husbands or,in many instances, the sole support of their families. Among blackfamilies, over one-fourth are headed by women. If the family assist-ance, plan is successful there are going to be some 2,500,000 morewomen out there looking for jobs.

For those who think that the women's liberation movement is ajoke vaguely connected with burning bras and getting in the "menonly" bars, may I disabuse you of that notion; it is about equal payand equal opportunity in the job market.

The transfer of EEOC employment opportunity functions of theCivil Services Commission would help to shake up some of the ratherstale and rigid personnel procedures which have been ongoing forsome time. EEOC would offer a fresh, critical exposure of the stateof the Federal Government's own house. As Justice Brandeis put it,"Sun light is said to be the best of disinfectants."

Transfer to EEOC the fanctions of the Attorney General with re-spect to pattern or practice suits is logical and necessary. The recordof the Justice Department is not impressive. Because of limited man-power and the many responsibilities under the Civil Rights Act of1964, Equal Employment Opportunity suits are not accorded anykind of priority.

Now, we come to the discussion of the most crucial amendment, onewhich was not. in last year's bill. I am speaking of course of the pro-posed transfer of the functions of the OFCC to the EEOC.

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The first, Executive order requiring nondiscrimination iii hiring byFederal contractors was issued in 1941 by Franklin Delano Rooseveltin response to a threatened march on Washington led by A. PhilipRandolph. The authority of Executive Order 11246 now resides inthe Office of Contract Compliance in the Department of Labor.

Interestingly, that contract termination power has never been usedin all the time it has been in existence. As was stated in the testimonyof the U.S. Commission Civil Rights:

The Federal Contract Compliance program has suffered from the great reluc-tance of administrators to use such an extreme measure as the contract termina-tion sanction.

To say the least, that is extremely delicately put,. In point of fact noadministration has ever really put'itself on the line and indicated thatit was really serious about enforcing the authority of Executive Order11246. Every administration has played ganes with this issue.

If the Government in reality acte1 just three, four, five, or six timesand actually terminated or refused to let a few Federal contracts, in-dustry would get the message. There would be a flurry of minority hir-ing. Industry needs to know that the Government is serious. They needa few good examples.

Now this administration did take a step in that direction. Althoughthe Philadelphia plan has not been terribly effective-only 41 minoritygroup members have been placed because'of it-it was, nevertheless, aserious step in the right direction. The administration and especiallyAssistant Secretary of Labor Arthur Fletcher and OFCC directorJohn 1Vilks are to b3e commended. I mean that sincerely.

Of course, we also have to realize that it probably wasn't a completeaccident that the administration chose to focus its attention on thebuilding trades field. Everyone knows that for many years the labormovement has strongly supported the Democratic Pai'ty and that inthe past labor has provided support for Civil Rights legislation. Butthe Philadelphia plan has alienated labor from civil rights movementin this instance on many levels.

Although the Philadelphia plan has not been remarkably successful,it has very much upset the building trades unions and they, in turn haveapplied pressure on the AFL-CIO to advocate this tran;fer of OFCCto EEOC.

I think there are several things that have to be brought out in theopen. There are many things we skirt around that we don't bring out inthe open. I think we have to do that.Now I, for one, have supported and participated in a number ofunion management battles. I have stood on the ,picket line with thedrug and hospital workers; I have supported Caesar Chavez' farm-workers, but I think we must recognize that there are unions and thereare unions. We Members of the House, in my humble opinion, and theSenate must be selective in determining whether every issue raised bylabor deserves our support.

The labor movement which was young, progressive, and forward-looking in the 1920's, 1930's, and 1640's, has now become part of theestablishment. If you attend labor conventions these days the unionleaders, with few exceptions, are all dressed in fine suits and have gen-erous expense accounts. Some of the charges of exclusivity and status-

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quoisni which labor has aimed at management can now be aimed atparts of the labor movement.

This is certainly true of the building trades. A report by the EEOClast month showed that the rate of black membership in the buildingtrades unions declined from 7.4 percent to 6.8 percent in 1969, a yearwhen the Government sponsored a major push to increase black mem-bership in the building trades unions. We must recognize this move toput, the functions of OFCC under EEOC for what it is: a buildingtrades amenidment which was generated by their outrage over thePhiladelphia plan.

There are several problems with this amendment. First, OFCC'sauthority comes from an Executive order by the President. Does Con-gress have the power legally to transfer an Executive order? And ifwe legislated the authority of this order over to EEOC, could not. thePresident just transfer it right back to Labor or any other Departmentthat he wished?

Second, it is entirely possible that if this amendment is included inthe bill that it would generate enough pressure against the bill todefeat the whole package. Even now when EEOC has no real poweror clout, it faces a serious fight on ever , appropriations bill. Surelythis is a good indication of the attitude of the Congress toward EEOC.Some members of this august body might think that cease and desistpattern and practice suits and contract termination was a bit morethan they could swallow. This tactical question must be considered.

However, if labor really is serious and sincere about its support ofEEOC having the OFCC powers, I ask them if they would supportcodifying the language in Executive Order 11246 and transferring thatcodified language to EEOC's mandate? If not, then I submit thatlabor's support is disingenuous.

Thank you.Mr. DENT. Thank you, Mrs. Chisholm. I want to congratulate you

on your statement. It is very forthright and, as always, aimed right atthe core of the problem.

I note on page 4 you call attention to the fact that at no time hasthe termination power been used nor has the power of refusing to leta contract ever been used. Under this order and preceding orders,not once has the Government used its power to terminate or to refuseto let a contract. The President's order just about 3 weeks ago onDavis-Bacon contracts has already been so effective that I, as chairmanof the committee with jurisdiction over the act, have a whole stack ofmail pertaining to contracts that have been refused although their bidswere put out before the President's Executive order. They say theydon't want to use that extreme measure to force compliance with theFederal Government's civil rights and equal opportunities, but theyare using it with a vengeance right, at this moment in hundreds of con-struction contracts all over the United States of America'as a so-calledanti-inflation measure. The contract termination is exactly the sameextreme power in one case as it is in the other.

They are saying we are going to force these particular Workers towork at below the prevailing wage by stopping'a contract before itstarts. They can do the very same'thing in the case of equal opportunity.And I hola that there has been something lacking in the administra-tive effort. That is one of the reasons we want the transfer. As far as

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